Co’s co-accused bid for court to inhibit in malversation case junked

MANILA, Philippines — The Sandiganbayan Sixth Division has junked the motion of resigned Ako Bicol party-list Rep. Zaldy Co’s co-accused for the said court to inhibit itself from proceeding with their malversation case.

The non-bailable case of malversation of funds through falsification of public documents stemmed from a P289.4 million worth Sunwest project—or the company where Co is said to be a beneficial owner—which state prosecutors said was found to have serious structural deficiencies.

In a resolution promulgated on July 3, the Sixth Division dismissed the motion to inhibit of Lerma Cayco, a former Department of Public Works and Highways (DPWH) accountant, filed in the said court.

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Cayco said her participation in the scheme is just ministerial and documentary in nature.

But still, Cayco said the court denied her leave to file a demurrer to evidence and the subsequent motion for reconsideration despite what she said was the prosecution’s failure to present direct evidence of her involvement in the conspiracy.

This denial of procedural reliefs, Cayco said, creates a reasonable impression that the Sixth Division has effectively pre-judged the sufficiency of the prosecution’s theory.

“Accused Cayco’s allegations would, at most, show that the Court made rulings which are adverse to her,” the resolution said. “But as a general rule, repeated rulings against a litigant, by themselves, no matter how erroneous and vigorously and consistently expressed, are not a basis for the disqualification of a judge or justice on grounds of bias and prejudice.”

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The resolution said Cayco has not alleged that the Court’s opinions and rulings were not based on the evidence presented by the prosecution.

“Speculations and surmises of bias and prejudice on the part of judges or justices are not valid bases for voluntary inhibition,” it also said. “[A]ccused Cayco failed to prove bias or partiality on the part of this Court. Hence, there is no valid ground for its voluntary inhibition.”

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Aside from Cayco, the respondents who used to DPWH officials and employees are:

former regional director Gerald Pacanan

former assistant regional director Gene Ryan Alaurin Altea

former assistant regional director Ruben Delos Santos Santos, Jr.

former construction division chief Dominic Gregorio Serrano

former maintenance division chief Juliet Cabungan Calvo

former quality assurance and hydrology division chief Dennis Pelo Abagon

former planning and design division chief Montrexis Tordecilla Tamayo

former project engineer Felisardo Sevare Casuno, and

former engineer Timojen Adiong Sacar

READ: Court junks bid of Zaldy Co’s co-accused to dismiss malversation case

For his part, Co could participate in the trial as he was earlier declared by Sandiganbayan as a fugitive from justice.

A respondent declared as a fugitive from justice could no longer participate in the proceedings and could not seek any judicial relief unless they surrender voluntarily.

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Sunwest was co-founded by Co, who also used to be the chairperson of the powerful House committee on appropriations before his resignation as a party-list representative in September last year amid the widespread public outrage over the multibillion-dollar flood control corruption scandal. /cb